The petition to reopen the claim of service connection for a back disorder is denied. The Veteran's claims for throat, shoulder disability, GERD, and right shoulder scars are all denied. The Veteran’s claims for sinusitis and sleep apnea are remanded.
The deciding factor: The Board found that new evidence did not raise a reasonable possibility of substantiating the claim of service connection for a back disorder due to lack of current diagnosis. For throat disorder, there is no evidence of a distinct condition separate from obstructive sleep apnea. The Veteran's right shoulder disability and GERD do not meet the criteria for higher ratings under applicable diagnostic codes. Sinusitis and sleep apnea are remanded as there is evidence of current disabilities or symptoms related to service.
- Claimed conditions
- back disorder, throat disorder, sinusitis, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2018
- Citation
- 18146405
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 18146405.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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